Report Title:

Workers' Compensation; Emergency Responders

Description:

Extends workers' compensation coverage to include preventive treatment for persons such as emergency responders who have a documented exposure to blood or bodily fluids while on work duty.

HOUSE OF REPRESENTATIVES

H.B. NO.

2927

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO WORKERS' COMPENSATION.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Emergency responders are often the first to arrive at an emergency scene. The nature of their job places them in circumstances in which they may come into contact with blood-borne pathogens such as hepatitis, meningitis, tuberculosis, or human immunodeficiency virus. To protect and encourage emergency responders and other persons whose jobs bring them into contact with blood and bodily fluids, preventive treatment should be made available under the workers' compensation law.

The purpose of this Act is to extend workers' compensation coverage to provide preventive treatment to persons exposed to blood or other bodily fluids while on work duty.

SECTION 2. Section 386-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) If an employee suffers personal injury either by accident arising out of and in the course of the employment or by disease proximately caused by or resulting from the nature of the employment, the employee's employer or the special compensation fund shall pay compensation to the employee or the employee's dependents as provided in this chapter[.]; provided that regardless of whether an employee has been diagnosed with a disease proximately caused or resulting from the nature of the employment, the employee's employer or the special compensation fund shall pay compensation to the employee as provided in this chapter for preventive treatment for a period of no more than six months after an employee suffers a documented exposure to blood or bodily fluids arising out of and in the course of employment.

[Accident arising out of and in the course of the employment] For the purposes of this subsection:

"Accident arising out of and in the course of the employment" includes the wilful act of a third person directed against an employee because of the employee's employment.

"Exposure to blood or bodily fluids" means exposure to blood or body fluids containing visible blood and other body fluids to which universal precautions for prevention of transmission of blood-borne pathogens apply, as established by the Centers for Disease Control, which fluids include respiratory, salivary, and sinus fluids, including droplets, sputum, saliva, mucous, and any other fluid through which infectious airborne or blood-borne organisms can be transmitted between persons."

SECTION 3. Section 386-21, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Immediately after [a work injury sustained by] an employee:

(1) Sustains a work injury and so long as reasonably needed after the work injury; or

(2) Suffers a documented exposure to blood or bodily fluids and for no more than six months after the documented exposure;

the employer shall furnish to the employee all medical care, services, and supplies as the nature of the injury or exposure requires. The liability for the medical care, services, and supplies shall be subject to the deductible under section 386-100."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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